The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-03-31
IN THE FIRST DISTRICT.
Notes FROM Judge Henderson's
Court on Wednesday.

Yesterday, George D. Smell pleaded
guilty 10 the charge of unlawful co :
habitation.
There is little surprise at the verdict
in the lynching case. One friend OF the
defendants said he was going to give
Utah a chrome for the first conviction
on record in lynching' case.
lUIHLAN was lecOmmen led to the
mercy Of the court
In the case of the United States VS..
Joseph Clark, of Provo, for unlawfu l
cobabitatIon jury was empaneled and
the examination was proceeded with.
FRANCES CLARK was first called and
testified as follows: Know the defend
ant; have know n him all my life; know
Sarah Clark; she is Mr.. CIark's first
wife; know Hannah T. Clark; she is
Joseph Clark's second wife; I am also
his wife; the defendant has lived with
me continuously since January, 1885; l
have been married to him for eighteen
years; he claims me as his third wife.
Examined by defense-I- live in my
own home, and have for ten years past;
Clark has lived with me continuously
from 1885 to 1886.
The Court asked for instructions,
when the defense reque, ted the court to
charga the jury as to the re symptoms
in favor of the defendant The prosecu-
ton said: As in tie second Snow case,
where a man lives VITA second or
third wife. il is prin1G fdcie evidence of
guilt, and that decides this case. 1t is
upon the ground that there is an actual
legal marriage status with the first wife
and cohabitation is presumed. The
prosecution had not proven any CO.
habitation with the other wives. The
defense objected to the case being
opened again. The objection was over
ruled and
HANNAH CLARK the second wife, was
called she said: Sarah Clark was
recognized as his first wife when
married him. Frances has been
recognized as his third wife.
To the defense: If he had any other
wife before Sarah did. not know it;
never saw him marry her; l believe l
ought 10 know it.
The Court charged the jury at u
O'Clock noon. The jury were out
twenty minutes and returned verdict
of guilty as charged. Sentence was set
for April l2th.
Lars Johnson was admitted 10
Luclus Whiting, charged with nm
lawful cohabitation, Withdrew his
former plea of not guilty. Sentence
set for April 18th.
Sanford Fuller, charged with unlaw
full cohabitation also pleaded guilty
and the date of his sentence was fixed
for the 18th Of April.
People VS.. John Gardner and Thomas
Holgate, for grand larceny, next came
up. The charge was for stealing
merchandise from the wagon of ]. G.
Cutler Il Co., at American Fork, last
December.
q. II. ROBERTS. City Marshal OF Am
ericsn Fork, testified: l saw the de-
PENDANTS on the 18th of last December;
[ received notice of the lost property
and made an effort to recover it; heard
of two transient tramps occupying
small vacant log house; there was
we'll near the house; found a bundle
of clothes suspended in the well; the
goods were bound up in q quilt; the
goods were identified as the lost sam
pies; found the men and examined
them; found on each man new pair of
socks; saw the tags in the hose, and all
correspondent with the samples; the
tags found in the house had the name
of John G. Cutler on them; they told
lie they had bought the socks in Park
City.
Edward and Theodore Robinson cor
roborated this testimony.
The case was on trial at the closesof
mail. xxx.
Provo, March, 80. 1887.